Actavis confirms Appeals Court grants injunction over generic Pulmicort Respules

Ireland-headquartered generics major Actavis (NYSE: ACT) has confirmed that the US Court of Appeals for the Federal Circuit has granted AstraZeneca’s request for an injunction pending appeal preventing Actavis from further distribution of its generic version of Pulmicort Respules (budesonide inhalation suspension).

Under the ruling, Actavis’ sales of generic Pulmicort Respules have been enjoined pending the resolution of AstraZeneca’s (LSE: AZN) appeal before the Court. In February, the court issued a temporary injunction after AstraZeneca asked for an injunction pending appeal. The Appeals Court ruling followed the February 13 launch of Actavis’ product after the US District Court for the District of New Jersey found US Patent No 7,524,834 invalid, and denied AstraZeneca's request for a permanent injunction.

The court has set an expedited briefing schedule for the appeal, with expedited briefing to be concluded within 33 days.  The injunction does not address product shipped prior to its issuance.